guantanmofandomcom-20200214-history
Mohammed Nasir Yahya Khusruf
| place_of_birth = Ta'iz, Yemen | date_of_death = | place_of_death = | detained_at = Guantanamo | id_number = 509 | group = | alias = | charge = | penalty = | status = enemy combatant, still held in Guantanamo | occupation = | spouse = | parents = | children = }} Mohammed Nasir Yahya Khusruf is a citizen of Yemen currently held in the Guantanamo Bay detention camps, in Cuba after being classified as an enemy combatant by the United States's. The Department of Defense reports that Khusruf was born on February 1, 1950, in Ta'iz, Yemen and assigned him the Internment Serial Number 509. As of today Mohammed Nasir Yahya Khusruf has been confined in the Guantanamo facility for . He arrived there on May 3, 2002, mirror Combatant Status Review Tribunal s were usually held in a trailer.]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Mohammaed Nasir Yahya Khusruf's Combatant Status Review Tribunal, on 12 October 2004. The memo listed the following allegations against him: Transcript Khusruf chose to participate in his Combatant Status Review Tribunal. | title=Summarized Statement | date=date redacted | pages=pages 11–22 | author=OARDEC | publisher=United States Department of Defense | accessdate=2008-03-15 }} On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a twelve page summarized transcript from his Combatant Status Review Tribunal. First annual Administrative Review Board A Summary of Evidence memo was prepared for Mohammed Nasir Yahya Khusruf's first annual Administrative Review Board, on 7 July 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Transcript Khusruf chose to participate in his Administrative Review Board hearing. In the Spring of 2006, in response to a court order from Jed Rakoff the Department of Defense published a Summarized transcripts from his Administrative Review Board. Second annual Administrative Review Board A Summary of Evidence memo was prepared for Mohammed Nasir Yahya Khusruf's second annual Administrative Review Board, on 29 March 2006. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Transcript Khusruf participated in his second annual Review Board hearing. In September 2007 the Department of Defense published a fourteen page summarized transcripts from his second Review Board hearing. *They also published Khusruf's three page response to the factors in allegations memo. *They also published a translation of an from a Yemeni newspaper from October 17, 2005, at the height of the 2005 hunger strike. *The DoD withheld 44 pages of ICRC letters. The Department of Defense did not offer an explanation as to why these letters were withheld. Testimony At his second ARB hearing, he stated "It appears that our lives don't mean anything to the Americans...I have a feeling that I might be here until my death".http://news.yahoo.com/s/ap/20070909/ap_on_re_la_am_ca/guantanamo Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror On 2008-11-13 Schuyler Livingston filed a "CONSENT MOTION FOR STAY OF PROCEEDINGS" on behalf of Mohammed Nasser Yahia Khussrof (ISN 509) in Civil Action No. 05-cv-1429 (RMU). mirror References External links * Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010 Category:1950 births Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Yemeni extrajudicial prisoners of the United States Category:People from Ta'izz